D. Ramakrishna v. The Joint Collector And Addl. District Magistrate

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.1839 of 2012 Date:08.06.2015 Between:

D.Ramakrishna, S/o Ramaiah ..... Petitioner And:

The Joint Collector & Additional District Magistrate, Anantapur and another.

.....Respondents Counsel for the Petitioner: Sri Kummathi Venkatesulu Counsel for Respondents: GP for Civil Supplies (AP) The Court made the following:

ORDER:

This Writ Petition is filed for a Mandamus to set aside proceedings in Rc.No.K3/ATP/1342/2010, dated 08.02.2011, of respondent No.1, whereby he has confiscated a part of the seized stock

belonging to the petitioner.

A perusal of the record shows that the impugned order was issued in exercise of the power conferred on respondent No.1 under Section 6-A of the Essential Commodities Act, 1955 (for short 'the Act'). Any person aggrieved by an order passed under the said provision is provided with the remedy of an appeal under Section 6-C of the Act to the District Court. Instead of availing the said remedy, the petitioner has filed this Writ Petition. Ordinarily, the Constitutional Courts do not entertain Writ Petitions filed bypassing the effective alternative remedies. Therefore, I do not feel inclined to entertain this Writ Petition. The Writ Petition is, accordingly, dismissed, however with liberty to the petitioner to avail the remedy of appeal subject to the law of limitation.

As a sequel to dismissal of the Writ Petition, WPMP.No.2287 of 2012 is dismissed as infructuous.

____________________________ JUSTICE C.V.NAGARJUNA REDDY 08th June, 2015 DR